Warranty And Limitation Of Liability - Ingersoll Rand 2340 Manuel De L'utilisateur

WARRANTY AND LIMITATION OF LIABILITY

WARRANTY
Ingersoll Rand company warrants that the equipment manufactured by it and delivered hereunder shall be free of defects in material and
workmanship for a period of twelve (12) months from the date of placing the equipment in operation or eighteen (18) months from the date of
shipment, whichever shall occur first. The foregoing warranty period shall apply to all equipment, except the following:
Compressors purchased with an accompanying Start Up Kit that are operated solely on the inlcuded Ingersoll Rand synthetic lubricant
1)
will have their bare compressor warranted for the earlier of twenty-four (24) months from the date of initial operation or thirty (30)
months from the date of shipment.
Compressors purchased with an accompanying Extended Warranty Kit that are operated solely on the included Ingersoll Rand synthetic
2)
lubricant and installed with the included pads and bolts will be warranted for the earlier of twenty-four (24) months from the date of
initial operation or thirty (30) months from the date of shipment, and will have their tanks and bare compressors warranted for the earlier
of sixty (60) months from the date of initial operation or sixty-six (66) months from the date of shipment.
3) Replacement parts will be warranted for six (6) months from the date of shipment.
Should any failure to confirm this warranty be reported in writing to the company within said period, the company shall, at its option, correct
such non-confirmity by suitable repair to such equipment, or furnish a replacement part F.O.B point of shipment, provided the purchaser
has installed, maintained and operated such equipment in accordance with good industry practiced and has complied with specific
recommendations of the company. Accessories or equipment furnished by the company, but manufactured by others, shall carry whatever
warranty the manufacturer conveyed to Ingersoll Rand Company and which can be passed on to the purchaser. The company shall not be liable
for any repairs, replacements, or adjustments to the equipment or any costs of labour performed by the purchaser without company's prior
written approval.
The company makes no performance warranty unless specifically stated within its proposal and the effects of corrosion, erosion and normal
wear and tear are specifically excluded from the company's warranty. In the event performance warranties are expressly included, the company's
obligation shall be to correct in the manner and for the period of time provided above.
THE COMPANY MAKES NO OTHER WARRANTY OF REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXPECT
THAT OF TITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND HEREBY
DISCLAIMED.
Correction by the company of non-conformities, whether patent or latent, in the manner and for the period of time provided above, shall
constitute fulfillment of all liabilities of the company and its distributers for such non-conformities with respect to or arising out of such
equipment.
LIMITATION OF LIABILITY
THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF THE COMPANY, ITS DISTRIBUTERS
AND SUPPLIERS WITH RESPECT TO CONTRACT OR THE EQUIPMENT AND SERVICES FURNISHED, IN CONNECTION WITH THE PERFORMANCE
OR BRANCH THEREOF, OR FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR
FURNISHED UNDER CONTRACT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGIANCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE
SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT UPON WHICH SUCH LIABILITY IS BASED.
THE COMPANY, ITS DISTRIBUTERS AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE PURCHASER, ANY SUCCESSORS IN INTEREST OR
ANY BENEFICIARY OR ASSIGNEE OF THE CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING
OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF , OR MALFUNCTION OF THE EQUIPMENT, WHETHER OR
NOT BASED UPON LOSS OF USE, LOSS PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF THE OTHER GOODS,
LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED FOR SERVICE INTERRUPTION WHETHER OR NOT SUCH LOSS OR DAMAGE IS
BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
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RELEASED 15/Mar/2018 20:10:54 GMT
22607402 Rev.F